Cairns v. Colburn
Massachusetts Supreme Judicial Court
Bill in equity filed June 26,1869, to establish a resulting trust in favor of the plaintiff in a surplus of the proceeds of the sale of a house and land by a mortgagee, after deducting the amount due on the mortgage and the charges of the sale; which house and land were bought by the plaintiff’s wife in 1863, when the plaintiff was in Cuba, with mopey which he sent to her, and the deed taken in her name subject to the mortgage.
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Bill in equity filed June 26,1869, to establish a resulting trust in favor of the plaintiff in a surplus of the proceeds of the sale of a house and land by a mortgagee, after deducting the amount due on the mortgage and the charges of the sale; which house and land were bought by the plaintiff’s wife in 1863, when the plaintiff was in Cuba, with mopey which he sent to her, and the deed taken in her name subject to the mortgage. She became insane; and Edward P. Brown was appointed her guardian. Issue was joined on the answers, and the case heard by Wells, J., who ruled that on the pleadings…
1Opinion of the Court
By the Court.
The plaintiff alleges in his bill that he sent the money from Cuba to his wife, directing her to purchase a house and land in Boston and to have the deed made to her and in her name, so that, in case of accident or death to him while in Cuba, his wife and children might have a house to live in. The additional averments are, that she was but a nominal purchaser of the house and was acting as agent of her husband; that the property was purchased for him, and belonged to him, and was always treated by him and his wife as his property and not hers; that she did not make claim to it,…
2Cited by8 opinions
- Pollock v. PollockMassachusetts Supreme Judicial Court · 1916
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1922
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- Harden v. Darwin & PulleySupreme Court of Alabama · 1880
- Insurance Co. of Tennessee v. WallerTennessee Supreme Court · 1905
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